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H1 transfer question while spouse COS is pending

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  • H1 transfer question while spouse COS is pending

    Hi,

    I was on L1 and transferred to H1B a few months back, but my spouse COS from L2 to H4 is still pending. (L2 I94 is valid till end of 2021)

    Now I am expecting an offer from another company.

    In this case what would happen to the L2 to H4 COS with my current employer if I transfer my H1B to the new employer?

    Should the new employer also file a L2 to H4 transfer ?

    Kindly help.

  • #2
    Hi Member,
    If your H1B is transferring to another Employer then it is better to file another H4 petition along with transfer petition. While adjudicating pending H4 application, If your previous H1B is still active then H4 will be also approved. When you do transfer to another Employer and the previous Employer is withdrawing H1B petition, your pending H4 petition may get RFE to seek the H1B holder maintenance of status or sometimes direct denials.
    Please let me know, what is the current status on these petitions.
    Thanks

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